The Silent and the Damned: The Murder of Mary Phagan and the Lynching of Leo Frank
Author: Robert Seitz Frey, Nancy Thompson-Frey
Your assignment is to read the entire book slowly and carefully, taking notes. Second you are to fact check this book using the primary and secondary sources of the case. Write about and publish your findings on the Internet. What facts did the authors leave out of their book? What facts were falsified? What claims are erroneous?
The most reliable primary and secondary sources about Mary Phagan's murder, Leo Frank's trial, appeals and aftermath
1. The Murder of Little Mary Phagan
by Mary Phagan Kean (b. June 5, 1954) was written by the namesake and grandniece of Mary Phagan (1899 - 1913) -- the little girl who was murdered on Georgia Confederate Memorial Day, April 26, 1913. Phagan-Kean produces a rare neutral account of the Mary Phagan murder investigation, coroner's inquest, grandjury indictment, and trial of Leo Frank, including the appeals (1913-1915) and aftermath of the case (1982-1986), that is engaging and well worth reading. Phagan-Kean's book is a very refreshing change from the endless number of contemporary books written by Leo Frank activists over the generations who quote and plagiarize other Leo Frank activists' academic dishonesty and falsified research, to create an artificial consensus of history that Leo Frank was innocent. For more than one hundred years Leo Frank activists have relied upon using fallacious evidence and fabrication about the Leo Frank case to racistly transform the 1913 affair into an anti-Gentile ethno-religious conspiracy.
2. American State Trials, volume X (1918) by John Davison Lawson LLD
(Available here on www.Archive.org
) the review tends to favor Leo Frank and his legal defense team, because the document provides an abridged version of the trial testimony, redacting and leaving out some very important details damaging to Leo Frank.
Be sure to read the abridged closing arguments of Hugh Dorsey, Frank Arthur Hooper, Luther Rosser and Reuben Rose Arnold. A chronology of Leo Frank's appeals is also included. The last segment provides a detailed account of Leo Frank's lynching.
For a much clearer picture of the trial testimony, read the elusive Leo Frank Trial Brief of Evidence (BOE, 1913) for the official version of the trial testimony. Compare the American State Trials Volume X 1918 version of the BOE with the official record of the Leo Frank trial brief of evidence (1913) to see what was left out (the juiciest stuff) from the American State Trials Volume X, 1918.
3. Argument of Hugh M. Dorsey in the Trial of Leo Frank
(Available here on www.Archive.org
). Some but not all of the 9 hours of arguments given to the jury at the end of the Leo Frank trial on August 22nd, 23rd, and 25th of 1913 (the 24th was Sunday). Very few libraries in the United States have original copies of this books. There has been an effort over the last 100 years to steal and destroy the remaining copies so as to suppress Hugh Dorsey's closing arguments and peroration.
This excellent book is required reading to see how the prosecutor Hugh Dorsey in sales vernacular: "closed", a Jury panel of 13 men, made up of a judge with a reputation for conscientiousness, along with a jury of 12 men.
On appeals Leo Frank's defense team submitted a petition to judge Roan on 107 grounds for why Leo Frank should get a new trial -- every single ground was rejected with an explanation on October 31, 1913. Judge Roans rejection of each and every one of the 107 grounds put before him, causes most 20th and 21st century neutral observers to realize the judge's appeasing oral remarks to his former law-partner Luther Rosser about questions of Leo Frank's "innocence or guilt" were nothing more of a business courtesy, than an expression of doubt.
At a later time after state appeals to the Georgia Supreme Court failed, Superior Court Judge Benjamin Hill on March 7th, 1914, scheduled Leo Frank to hang on his 30th birthday April 17, 1914, revealing the ultimate truth and strength of his verdict.
4. Leo M. Frank, Plaintiff in Error, vs. State of Georgia, Defendant in Error. In Error from Fulton Superior Court at the July Term 1913, Brief of Evidence.
Extremely rare, only 3 original copies exist, and they are held at the Georgia State Archive (The unabridged version is available on www.archive.org the version in American State Trials Volume X, 1918 is abridged).
Three Major Atlanta Dailies: The Atlanta Constitution, The Atlanta Journal, The Atlanta Georgian (Hearst's Tabloid Yellow Journalism), The most relevant issues center around April 28th to August 27th 1913.
5. Atlanta Constitution Newspaper:
The Murder of Mary Phagan, Coroner's Inquest, Grand Jury, Investigation, Trail, Appeals, Shanking and Lynching of Leo Frank Case in the Atlanta Constitution Newspaper from 1913 to 1915.
6. The Atlanta Georgian newspaper:
This selection is covering the Leo Frank Case from April though August, 1913.
7. The Atlanta Journal Newspaper
, April, 28, 1913, through till the end of August, 1913, pertaining to the Leo Frank Case:
Leo Frank confirms in a jailhouse interview that he might have been in the men's toilet in the metal room (shockingly the prosecution's theory where the murder occurred) at the time Monteen Stover said his office was empty between 12:05 p.m. and 12:10 p.m.
Link: Atlanta Constitution, Monday, March 9, 1914, Leo Frank Jailhouse Interview
8. Tom Watson's Jeffersonian and Watson's Magazine: Watson's Magazine, January 1915
, Watson's Magazine, March 1915
; Watson's Magazine, August 1915
, Watson's Magazine, September 1915
, and Watson's Magazine, October of 1915
. (Available here on www.Archive.org). Tom Watson's best work on the Leo M. Frank case was published in August and September of 1915. Watson's five works written collectively on the Leo M. Frank topic, provide logical arguments confirming the guilt of Leo M. Frank with superb reasoning. Originals of these magazines are extremely rare and very difficult to find.
1. The Leo Frank Case By Tom Watson (January 1915) Watson's Magazine Volume 20 No. 3. See page 139 for the Leo Frank Case
. Jeffersonian Publishing Company, Thomson, Ga.
2. The Full Review of the Leo Frank Case By Tom Watson (March 1915) Volume 20. No. 5. See page 235 for 'A Full Review of the Leo Frank Case'. Jeffersonian Publishing Company, Thomson, Ga.
3. The Celebrated Case of The State of Georgia vs. Leo Frank By Tom Watson (August 1915) Volumne 21, No 4. See page 182 for 'The Celebrated Case of the State of Georgia vs. Leo Frank". Jeffersonian Publishing Company, Thomson, Ga.
4. The Official Record in the Case of Leo Frank, Jew Pervert By Tom Watson (September 1915) Volume 21. No. 5. See page 251 for 'The Official Record in the Case of Leo Frank, Jew Pervert'. Jeffersonian Publishing Company, Thomson, Ga.
5. The Rich Jews Indict a State! The Whole South Traduced in the Matter of Leo Frank By Tom Watson (October 1915) Volume 21. No. 6. See page 301. Jeffersonian Publishing Company, Thomson, Ga.
Tom Watson's Jeffersonian Newspaper
9. The Tom E. Watson Digital Papers Archive, the University of North Carolina at Chapel Hill:
Tom W. Brown
10. Notes on the Case of Leo M. Frank, By Tom W. Brown
, Emery University, Atlanta, Georgia, 1982. (despite its errors - like mentioning Mary Phagan had bitemarks on her - it is otherwise a great analysis).
Leo Frank Georgia Supreme Court Records (1913, 1914):
11. Leo Frank Georgia Supreme Court Records
October 8, 2015
Bias, Lies by omission, cherry picking, fabrication and academic dishonesty
Like Leonard Dinnerstein's book, 'The Leo Frank Case' this book, 'The Silent and the Damned' is another pseudo-scholarly treatment about the murder of Mary Phagan and trial of Leo Frank. The best book about this famous case is 'The Murder of Little Mary Phagan' by Mary Phagan Kean. The people who criticize Kean's book do so to try and trick you into not wanting to read it, because they know if you read it, you will learn what really happened.